The matter was placed before me as an application for condonation for the late noting of an appeal against the determination of the Respondent’s final Appeal Authority. The application was opposed. After hearing arguments and upon consideration of the record of proceedings I handed down an order dismissing the application. I indicated that the reasons were to follow. I set out hereunder my reasons for the order More
This is an application for rescission of judgment. On 29 August 2020 this court handed down a default judgment order against the applicant employee when he failed to show up on the hearing date. Aggrieved by the default order the employee has now approached this court seeking to have that default order set aside. More
Appellant worked for Respondent at Beitbridge Border Post. On 12th August 2005 she was charged with misconduct. A hearing was held on 22nd August 2005. She was found guilty and punished by dismissal. She appealed. On 31st August 2005 Respondent’s Appeals Committee heard the matter and dismissed the appeal. Appellant then appealed to this Court. More
The respondent raised a point in limine that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]. Section 98 (10) provides
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
What constitutes a question of law has been authoritatively answered in numerous cases including Sable Chemical Industries (Pvt) Ltd V Easterbrook 2010 (1) ZLR 342 and Reserve Bank of Zimbabwe v Corrine Granger & Another 2001 ZLR (10 sc. In those... More
This is an appeal by the Appellant Company against the decision of the General Engineering Committee (G.E.C) which had set aside the Respondent’s (“the employee’s”) dismissal on charges of stealing paint from his workplace. More
